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(영문) 인천지방법원 2016.07.20 2016가단213144
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) obtained a loan from a new bank and the Industrial Bank of Korea under a credit guarantee agreement with the Korea Technology Credit Guarantee Fund, and the Plaintiff et al. jointly and severally guaranteed the liabilities under the said credit guarantee agreement with the Korea Technology Credit Guarantee Fund.

B. As the non-party company was unable to repay the above loans, the Korea Technology Finance Corporation paid the principal and interest of the non-party company to the new bank and the Industrial Bank of Korea, and filed a lawsuit against the plaintiff et al. as the Incheon District Court 2003Kadan98291, Aug. 24, 2004 by filing a claim for indemnity against the plaintiff et al. on August 24, 2004 (hereinafter "the judgment of this case") which became final and conclusive on May 31, 201 with the Korea Technology Finance Corporation for KRW 2,447,51,741 and its KRW 1,954,538,072 from July 31, 201, for KRW 478,541,378 from July 10, 201 to April 16, 2003, and for KRW 16% per annum from the next day to the day of full payment."

C. On September 27, 2012, the Korea Technology Credit Guarantee Fund transferred the above claim for reimbursement against the non-party company and the plaintiff, etc. to the defendant. On November 1, 2012, the Korea Technology Credit Guarantee Fund notified the plaintiff, etc. of the above claim by content-certified mail.

On the other hand, the sub-committee was declared bankrupt on January 21, 2008 by filing a petition for bankruptcy with the Incheon District Court 2008Hahap5, and was decided on May 26, 2014.

The Korea Technology Credit Guarantee Fund has participated in the above bankruptcy procedures and received dividends of KRW 187,852,926.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 through 4, and 6 (including branch numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant's claim for the above claim for reimbursement that the defendant transferred has expired ten years after the judgment of this case became final and conclusive on September 17, 2004. Thus, the plaintiff's claim for compulsory execution based on the final and conclusive judgment of this case is dismissed.

(b).

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